2016 - First Quarter

Trial Numbers

• MVA - Plaintiffs won 10/13.
• Medical Malpractice - Plaintiffs won 0/2.
• Underinsured Motorist - Plaintiffs won - 2/2.
• Bicycle Injury - Plaintiffs won 1/1.
• Premises Liability - Plaintiffs won 0/1.
• General Negligence - Plaintiffs won 0/1.

Notable Trials

Ramsdell v. Volker and Multnomah County, Multnomah County Case No. 15CV01292

Defendant Volker was on duty as a Multnomah County Sheriff’s Deputy when she ran a red light and struck another driver, Plaintiff Ramsdell. Ramsdell alleged that the crash caused her to suffer soft tissue injuries to her neck, back, shoulder and hand as well as contusions to her chest and abdomen. She sought $965,000 in non-economic damages.

Defendants Volker and Multnomah County Sheriff’s Office admitted liability and that Ramsdell was injured but disputed the nature and extent of her injuries.

Total Verdict - $415,000.00.

Magui v. Portland Community College, Multnomah County Case No. 15CV00546

Plaintiff Magui was a student at Portland Community College (PCC) in the aviation maintenance technology program. During class, as the students prepared to inspect a turbine engine, Magui got his index finger caught in the rotor assembly and severed approximately a quarter inch of his finger tip off. Magui alleged that PCC was negligent for failing to adequately instruct, warn and supervise the students. He sought $10,453.00 for past medical expenses and $21,000.00 for non-economic damages.

Defendant PCC denied liability.  PCC argued that Magui was not performing a class assignment but was carelessly playing with the engine and caused his own injury.

Defense Verdict

Peterson v. Bauman, Multnomah County Case No. 14CV16782

Plaintiff Peterson was riding a bicycle on SE Stark Street when she was hit from behind by Defendant Bauman who was driving under the influence of alcohol. Peterson alleged that she suffered injuries to her legs, arms, torso, back, hips, SI joint, neck and shoulders. She sought damages including $19,035.00 for past medical expenses and $530,000.00 for non-economic damages.

Bauman admitted liability but disputed the cause, nature and extent of Peterson’s injuries.

Total Verdict - $339,035.00.

Coyote v. GEICO, Multnomah County Case No. 14CV19058

This was an underinsured motorist case. Plaintiff Coyote was struck from behind by a motorist with $25,000.00 policy limits.  Defendant GEICO was Coyote’s insurance carrier. Coyote had $100,000 underinsured motorist coverage (UIM) with Defendant. Coyote made a claim to the UIM benefits and was denied by GEICO. Coyote alleged that the crash caused her to injure her neck and back including a cervical disc herniation requiring surgery. She sought $9,279.00 in past medical expenses, $70,000.00 in future medical expenses and attorney fees pursuant to ORS 742.061. GEICO disputed Coyote’s injuries, the need for surgery and the amount of Coyote’s damages.

Total Verdict - $75,000.00.

The Court granted plaintiff $45,000 in attorney fees pursuant to ORS 742.061.

Wallace v. Mutual of Enumclaw, Multnomah County Case No. 15CV03273

Plaintiff Wallace was stopped for traffic when the car behind her was rear-ended, causing it to collide with her car.  Wallace sustained a neck injury in the crash which required surgery. Wallace settled her claim with the at-fault driver for policy limits of $25,000.  She brought this action for underinsured motorist (UIM) coverage.  She sought $40,251.43 in past medical expenses, $50,000 in future medical expenses and $150,000 in non-economic damages. Wallace brought a second claim for breach of contract related to denied personal injury protection (PIP) coverage of medical expenses totaling $15,290.12.  Plaintiff sought attorney fees pursuant to ORS 742.061.

Defendant Mutual of Enumclaw argued that some of the bills submitted to PIP were properly denied as they related to care that was not reasonable, necessary and related to the car crash.  Defendant also disputed the amount of Wallace’s damages.

Total Verdict - $126,112.24.

The Court granted plaintiff $95,000 in attorney fees pursuant to ORS 742.061.